Geeves v Sutherland Shire Council [2023] NSWLEC 1702

Geeves v Sutherland Shire Council [2023] NSWLEC 1702

Because the parties reached agreement at the s 34 conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including after considering standing, applicable SEPP provisions, contamination, BASIX, the DCP and notification, the proceedings were disposed of by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions contained in Annexure A.
Legal Topics
['development Application' 'swimming Pool' 'conciliation Conference' 'amended Plans' 'development Consent' 'coastal Use Area' 'coastal Environment Area' 'basix' 'contamination']
['planning and Environment Law'] ['development Application' 'swimming Pool' 'conciliation Conference' 'amended Plans' 'development Consent' 'coastal Use Area' 'coastal Environment Area' 'basix' 'contamination']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Orders Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could uphold the appeal and grant consent to Development Application DA23/0228 for construction of a swimming pool subject to agreed conditions.' 'Whether the applicant had standing where the development application was lodged by an agent for the owner of the land.' 'Whether applicable planning controls, including State Environmental Planning Policy (Resilience and Hazards) 2021, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 and Sutherland Shire Development Control Plan 2015, permitted the agreed decision to be made.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including after considering standing, applicable SEPP provisions, contamination, BASIX, the DCP and notification, the proceedings were disposed of by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions contained in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA23/0228 for the construction of a swimming pool at 204 Princes Charles Parade Kurnell on land identified as Lot 51 in DP 7632 is determined by the grant of consent subject to conditions contained in Annexure A.']